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HomeMy WebLinkAbout050223-06.8 ADMINISTRATIVE STAFF REPORT 6.8 TO: Mayor and Town Council May 2, 2023 SUBJECT: Resolution No. 34-2023, amending the Town of Danville Outdoor Flagpole Display Policy BACKGROUND In 2020, the Town Council adopted Resolution No. 46-2020, approving for the first time a policy on the display of flags on flagpoles at Town-owned properties. At the Town Council’s study session on April 11, 2023, the Council provided direction to bring an action item to the Council to make two minor modifications to the existing policy. DISCUSSION The two proposed modifications to the existing policy are: • Acknowledge that with the Town’s move to new offices at 500 La Gonda Way, the Town flag will be flown next to the United States and California flags. The Town flag has not previously been flown at Town facilities. • Add a reference to Government Code Section 434.7 which requires that all United States or California flags purchased by the Town must be made in America. The two changes are shown in redline on Exhibit 1 to the attached resolution. PUBLIC CONTACT Posting of the meeting agenda serves as notice to the general public. FISCAL IMPACT None. Amend Flag Policy 2 May 2, 2023 RECOMMENDATION Adopt Resolution No. 34-2023, amending the Town of Danville Outdoor Flagpole Display Policy. Prepared by: Robert B. Ewing City Attorney Attachments: A-Resolution No. 34-2023 Exhibit 1 – Town of Danville Flag Policy (as amended) RESOLUTION NO. 34-2023 AMENDING THE TOWN OF DANVILLE OUTDOOR FLAGPOLE DISPLAY POLICY WHEREAS, in 2020, the Town of Danville adopted an Outdoor Flagpole Display Policy in order to provide direction to Town staff on the display of flags on Town-owned flagpoles; and WHEREAS, the Town now desires to amend the Policy to reflect the use of the Town flag at 500 La Gonda Way and to reflect state law regarding the purchase of flags ; now, therefore, be it RESOLVED, that the Danville Town Council hereby adopts the amended Outdoor Flagpole Display Policy attached hereto as Exhibit 1. APPROVED by the Danville Town Council at a regular meeting on May 2, 2023 by the following vote: AYES: NOES: ABSTAINED: ABSENT: ______________________________ MAYOR APPROVED AS TO FORM: ATTEST: _______________________________ ______________________________ CITY ATTORNEY CITY CLERK DocuSign Envelope ID: A9D908E5-E3B6-4721-831D-8DFFA15BB4A0 ATTACHMENT A TOWN OF DANVILLE OUTDOOR FLAGPOLE DISPLAY POLICY The Danville Town Council hereby establishes a flagpole display policy regarding: 1) the outdoor display of the flags of the United States, the State of California, the Town of Danville, and the National League of Families POW/MIA flag on flagpoles at Town- owned facilities; and 2) the outdoor display of commemorative flags on flagpoles at Town-owned facilities. In adopting this policy, the Town Council declares that the Town’s flagpoles are not intended to serve as a forum for free expression of the public, but rather for the display of Federal, State, and Town Flags, and any commemorative flag as may be authorized by the Town Council as an expression of the Town Council’s official sentiments. The purpose of this flagpole policy is to provide procedural guidance for the outdoor display of flags on Town-owned flagpoles. Policy I. Standards. Flags shall be displayed in accordance with Federal and State statutes, including, but not limited to, Title 4, Chapter 1 of the United States Code; Sections 430 through 439 of the California Government Code; and this policy. Consistent with Government Code Section 434.7, any flag of the United States or the State of California purchased by the Town shall be made in the United States. II. Procedure. A. United States Flag, California State Flag, and Town of Danville Flag 1. When flags are displayed on a single pole, the order from top to bottom shall be: the United States Flag, the National League of Families POW/MIA flag (where flown, see Section B.3 below), the California State Flag, and the Town of Danville Flag. 2. When the flags are flown from adjacent flagpoles, the United States Flag shall be flown at the highest point of honor, which is either the tallest flagpole or the flagpole the furthest to the left from the standpoint of the observer. The California State Flag shall be placed in the second position of honor. The Town of Danville Flag, if displayed, shall be placed in the third position of honor. The Town of Danville Flag shall be displayed outside the Town Offices at 500 La Gonda Way. EXHIBIT 1 OF RESOLUTION NO. 34-2023 DocuSign Envelope ID: A9D908E5-E3B6-4721-831D-8DFFA15BB4A0 3. Where both the United States Flag and the California State Flags are flown, they shall be of the same size. No flag displayed shall be larger than the United States Flag. 4. Flags shall be displayed during operating hours on all days on which the Town is open for business, and on national and state holidays, at a minimum. Flags may be displayed twenty-four (24) hours a day so long as they are illuminated during darkness. B. Commemorative Flags 1. The Town’s flagpoles are not intended to serve as a forum for free expression by the public. The Town shall display commemorative flags only if authorized by the Town Council as an expression of the Town’s official sentiments. Any such authorization shall be given at a duly noticed meeting of the Town Council. The Town Council shall only consider a request to display a commemorative flag if the request is made by a member of the Council. Any such request shall be accompanied by information supporting the request and graphics of the proposed flag. Any approval to display a commemorative flag shall be valid for that calendar year only. 2. The National League of POW/MIA Families flag shall be flown at the following locations at all times when the United States Flag is flown: the Veterans Memorial Building and the All Wars Memorial at Oak Hill Park. 3. Commemorative flags (other than the POW/MIA flag) shall be displayed exclusively on the flagpole at the Town Library/Community Center and no other location. They shall be displayed for a period of time not less than one week and not more than one month. Such flags shall be displayed in the last position of honor. DocuSign Envelope ID: A9D908E5-E3B6-4721-831D-8DFFA15BB4A0